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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105669
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I'm curious about how to start my immigration process after

Customer Question

I'm curious about how to start my immigration process after 15 years of just not following up due to financial hardship
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Do you mean to say that you were I removal proceedings and applied for Asylum and then just abandoned it? Or do you mean to say you applied for Asylum but then withdrew it and were never placed in Removal Proceedings meaning that you never were scheduled to go before an immigration judge?

And what was the visa that you used to enter the U.S.? Are you married to a U.S. Citizen or do you have U.S. Citizen children? How old? Also, I will be signing off soon. If I do not respond now, I will respond in the morning. Sorry for any delay. Thank you.

Customer: replied 1 year ago.
I had just arrived from zimbabwe when I applied about 6 to 9 months
Customer: replied 1 year ago.
Here were no removal proceedings at the time
Customer: replied 1 year ago.
My attorney had filed an extension of my tourist visa at the time of asylum seeking.
Customer: replied 1 year ago.
Don't really know what happened from then since I moved and could not afford an attorney and did not follow up on it. I've since had a child with an American and we are not together nor where we ever married
Customer: replied 1 year ago.
I'm trying to find out who if any are my options and how to start the process of adjusting my status as I know asylum is off the table because of all the years that have since passed since my application.at least that's been my understanding from various immigration consultations I've had. I've been told marriage was my only option short of leaving the US
Customer: replied 1 year ago.
I have an 8 yr old American son, I think I entered on a B1/b2
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. Sorry for the delay and thank you for your patience. Unfortunately, the options are not good, but at least they are better than the options that a person that entered illegally has. They are the following:

1) Wait for the immigration reform that comes out. If it is approved the way that they are intending, then you may be able to get Residency if you entered the U.S. early enough.

2) Apply for Asylum (you had to have done this within the 1st year of being in the U.S. unless there is a credible excuse or changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if you fear to return to your home country because you believe that you will be specifically targeted due to your race, religion, nationality, social group or political opinion and that you run a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, you would have to prove that you have been at least 10 years in the U.S. AND you must also prove that if you are deported, a U.S. Citizen or Lawful Permanent Resident that depends upon you will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.

3) If you marry a U.S. Citizen (for love, of course), you could file for Residency or the same if your U.S. Citizen son turns 21 and files for you.

I am truly sorry. I wish I had better news for you. What I can tell you is that you are not a priority for deportation. Why? Because the government is short on money at the moment and they just don’t have the money to deport everyone that is deportable from the U.S. Because of that, they are focused on deporting persons that have serious crimes. So as long as you have no crimes in your background, your risk is very low. Here is a link and the most updated one:

http://www.ice.gov/doclib/news/releases/2010/civil-enforcement-priorities.pdf

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf

IF you were to be placed in Removal Proceedings, you could apply for Cancellation of Removal.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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